People v. DiSimone

| N.Y. App. Div. | Oct 7, 2002

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cowhey, J.), rendered January 26, 2001, convicting him of murder in the second degree and tampering with physical evidence (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contentions, reversal is not required based on a Brady violation (see Brady v Maryland, 373 U.S. 83" court="SCOTUS" date_filed="1963-05-13" href="https://app.midpage.ai/document/brady-v-maryland-106598?utm_source=webapp" opinion_id="106598">373 US 83). At a minimum, the information was disclosed to the defendant in time to give him a meaningful opportunity to use it (see People v Cortijo, 70 NY2d 868, 870; People v Ahmed, 244 AD2d 415).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86).

The defendant’s remaining contentions are without merit or do not require reversal. Ritter, J.P., Santucci, Goldstein and Mastro, JJ., concur.